Wednesday, June 15, 2011

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  • cheg
    07-23 06:07 PM
    That's going to be a problem! :p Good luck with school and good luck to us in getting our greencards!!!

    My husband doesn't even want to look. He says he'll become too agitated, so only let him know the good news. I'm addicted too, but this could become a problem for me, since this week I have finals at school:o




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  • snathan
    02-13 10:43 PM
    So Mr Nathan, email me when you have contributed more than $500

    I dont deal with junks...when you are so mean to spend a penny for your parents, every one knows how much you would have contributed for IV.




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  • Green.Tech
    05-28 08:32 PM
    Keep 'em coming!




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  • Winner
    05-12 11:30 AM
    Called Senator Ensign and Hatch's office again.

    They both listened to what I had to say and assured that they will pass the message on to the Senators.

    One of the aides sounded surprised when I told her average wait time is at least 10+ years, please call senators in the list.



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  • ItIsNotFunny
    09-17 05:27 AM
    I have done some ground work and am planning to start a company this week - my wife as owner. I have couple of other friends who have filed 485 in June.

    My goal for first couple of years is not to make profit but to increase turnover so it would be easier for me to present the company to big corporations and register as preferred vendor. I am planning to pay 96% of the rate to the employee. This way employee will get most of his / her rate without getting into opening their own corporation. At present I am working with attorney to finalize agreement with employee for this.




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  • onemay
    04-27 10:42 AM
    In California they don't accept any other document for the renewal of your DL other than the new I94- I think someone said I 907 and they are right because I 94 is olnly a portion of the whole page.

    We filed premium for the extension and the company is paying for it, but it still takes 3-4 weeks until the lawyer is gonna prepare the package and send it to us. Unfortunately, I don't have a home country DL that I could use between the gaps and this is a great burden for my husband who has to deal with a very demanding job and take the kids everywhere.

    I feel imprisoned for just wanting a better life for my family and my kids and I don't think the treatment that the legal immigrants get in US is fair. I was a legal immigrant in 2 diffrent countries in Europe and although you might not be able to get blended in the crowd as easy as here, you will be treated with more regard for human rights( like the right to work or to drive).-this is our 7th year here and I can't work.

    Before belonging to a cultlure or a country, we all belong to the humankind, whith the same needs and dreams and people should remember that first - they are not talking about immigrants or legals or illegals or numbers EB3, H1B and other labels, but people whose time is ticking and gets away from them with every second that passes. We are here because this country was build by people like us and we belong here, so please, if someone who was lucky enough to be born here reads this message, consider our situation and let our voice reach the people who need to hear it.



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  • needhelp!
    05-28 11:10 AM
    Seems like there are so many threads about EAD renewals right now, are we going to be content with renewing EADs for the next 5,6,8 years? While there are no restrictions on discussing individual issues, lets not lose sight of the real cause of our group.
    Contribute so that IV can assign more resources to work on fixing this whole mess!




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  • lyu265
    04-02 02:12 PM
    EB-2 RIR
    NJ
    PD: April 2004
    45 Letter Received: Feb 2006



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  • Caliber
    03-12 01:12 PM
    Here is my point. I spend several hours 3-4 hours at least every day looking through the forum posts hoping to find ways i can contribute to efforts. There are several ideas that are generated in the forum. But cannot find out who is leading it. All i am saying is if we can have a listing of initiatives with some names associated. So i can contribute to the ones that i can support. I am not sure if i am asking for too much here. I am not a IT guy. I do not know what it takes to post it in the front page.

    Dear Vin,

    Thanks for your inputs. What I am suggesting is that, every one of us should volunteer for our own good. If you can spend some time, I sugggest that, you send an email to IV core offering them your time so that you can share some of their work load.




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  • icedgin
    07-27 09:38 AM
    Hi Angel,
    I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.



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  • vselvam
    12-17 06:26 PM
    Instead of doing all of this, First, if we able to make every one just take one day off from work on the same day through out the USA and let our employers and the press knows that we are doing this to show about our issues. We do not need to go on rally. At least if we take off on the same day through out USA to make sure people understand about our issues and our sufferings. I am not sure how it will help. At least if we make it to be notified by the government, .press, our employers. and the public about our issues.

    I am not sure it is possible and is it worth? any thoughts...




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  • matreen
    10-17 01:58 AM
    Guys,

    I have already invoked my AC21 6 months before and joined a small consulting company, after four months I had an offer from client to join, I decided to join client as full time employee and working from past two months. Planning to send AC21 document by next month including offer letter etc.,

    Now, my question is I have a part time job oppertunity to work from home for couple of hours in the weekend (tech support job - pay is not that great but it helps with current economic crises).

    Can I allowed to work on part time job while I am working as a full time employee using AC21? (Remember I am on EAD - No more H1)

    Is that going to cause any problem to my 485 process?

    Will that be OK to run two payrolls on my social 1. Full Time 2. Part time?

    I would appreciate your response as soon as possible, because I need accept the offer and follow the legnthy process - background check etc.,..

    Thanks,

    M



    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases � especially when underlying I140 is revoked by previous employer � and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications � ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD�s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to 3 persons.
    1. Ombudsman
    2. Director, NSC
    3. Director, TSC
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================
    Nebraska Service Center
    Director: Gerard Heinauer
    General Correspondence (Inquiries) (Sending applications or petitions to this address will delay their processing)

    USCIS NSC
    P.O. Box 82521
    Lincoln, NE 68501-2521
    NOTE: If using overnight delivery by any private service provider, send your package to:
    USCIS
    Nebraska Service Center
    850 S Street
    P.O. Box (Insert Correct P.O. Box Number)
    Lincoln, NE 68508

    Be sure to include the appropriate P.O. Box number on the shipping label.
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Avenue, NW
    Suite 7000
    Washington, DC 20529
    or email: USCIS-COMPLAINT@DHS.GOV
    =====================
    Director: David Roark
    General
    Correspondence:
    USCIS TSC
    PO Box 851488
    Mesquite, TX 75185-1488
    Customer Feedback:
    Contact:
    Assistant Chief
    Internal Security and Investigative Operations
    USCIS, 111 Massachusetts Ave., N.W.
    Ste 7000, Washington, DC 20529
    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant�s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant�s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number



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  • gcdreamer05
    08-13 04:36 PM
    so any hopes about what would happen on oct 2008 bulletin for eb3, will it go back to nov 2001 or atleast will it go to 2003 :(

    It looks like a long wait for us eb3 folks.........




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  • h1b_professional
    07-24 05:15 PM
    People are jumping into conclusion with a few approvals from 2004/2005, but what you are not considering is the number of people with 2001/2002 priority dates who just applied for 485 in June. There might be a lot of them (I am one of those). If there are not too many of them, it is good for everyone, but its very tough to predict.
    From what I heard from my lawfirm, they expect the oct bulletin to go back to 2001 or early 2002. But with everyone filing 485, USCIS should be able to predict the number of applicants and move dates better compared to earlier when they were shooting in the dark and wasting visas.

    Anyway, good luck to all



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  • deepimpact
    08-23 03:18 PM
    My friend, "USA point of view is multinational executives can potentially create jobs", but the reality is the other way round. They are here to to make the transition happen from Onshore to Offshore. I have complete knowledge on how this EB1 thing works , as I was one of them once upon a time before taking up my current job.
    I'll stop and leave it here....

    The original intention of EB1 (all three categories) was to have exceptional contributors like scientists/researchers/managers, etch to have highest priority in getting GC. Now over time people have found out loop holes as the language of the requirement criteria has a lot of ambiguity. I guess intention of the current memo is to over scrutinize the claims in these applications to ensure that only genuine candidates qualify. Again this is not fool proof and people will find a roundabout. The desparate condition of the EB green card waiting list is causing people to try and move to the higher preferance category either by using correct means or by using loopholes.




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  • sinhakavinash
    07-26 03:44 PM
    I think it will be based on the receipt date because if we look at the Service Center Processing Dates, they mention "Now Processing Cases with Receipt Notice Date of".

    Any suggestions??



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  • amitjoey
    07-13 04:33 PM
    In the past, we have sent emails and webfaxes to senators only to get canned- pre typed responses. Recently, I have realised that senators favour written letters, posted (with postage stamp) especially if it comes from constituents from their state. Same with house reps. I have talked to my senator's staff and they have advised me to write a letter. The staff member said, letters are always read, and responded.
    Senator will send an inquiry to the appropriate agency. This will create an impact, if all of us write letters. I have written a letter about USCIS Visa- flip flop to my senators.




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  • saimrathi
    08-10 01:46 PM
    Did you file concurrent?

    Its random at best then anything else. According to my lawyer, my application (EB2) was there July 2nd morning.




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  • Positive
    05-05 08:34 AM
    Thank you for all of you who made the calls.

    Calls are only the start. Remember, the other side is also doing the same -sometimes outsourcing calls.

    Remember we all spend hours in US consulates waiting for our turn. What is now stopping us to make a personal visit. Explaining your story in person is far more effective than a call or an email.




    immig4me
    05-04 08:57 AM
    This campaign starts at 4:00 PM EST on 29th April, 2010 and will run until the end of next week. We request all IV members to call the Senate offices listed below between 9:00 AM EST and 5:00 PM EST.

    So, this Campaign runs for another 3 days, IV members need to pick up the phones and start calling. Remember, if no bill is put forth before the end of May, it will be legislatively impossible to take CIR this year.

    It all boils down to, how much are we willing to help our own cause.




    chi_shark
    03-02 05:24 PM
    well said and I concur!

    I go to India atleast once every year and I agree that the urban infrastructure has changed a lot. But, such a change has created overcrowding in major cities which has lead to heavy pollution, rocketing inflation, high cost of living, and what not. You can get anything you want - best education, best food, best best best .... if you can afford.

    During one of the trips couple of years back I did a casual interview at a huge software giant in Chennai just to guage how well I will fit. This was for a programming job in C++. Interview was rookie, intrerviewer was surprised why I want to come back because people actually seek such companies as route to US or UK and also made me feel that I may not be satisfied with the job if he has to offer.

    So here is the thing. If you want to go back and lead a good life - I think it is a good idea provided you have very good education and experience and you get into the league of executives or you want to set up some booming business.

    If you want to go back and work at a managerial level - you may not find things that interesting because of the affordibnility factor.

    It is totally upto you to decide. If you look at urban infrastructure, India is developing, but in my opinion, the only way India can develop as a nation is by bringing about a change from the grassroots - change in beliefs, politics, innovations, products , hygene, uniform standards of living etc....



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